Professionals include anyone who holds themselves out as an expert in a particular field. Professionals who could be responsible for malpractice include
- doctors,
- dentists,
- lawyers,
- engineers,
- architects,
- psychologists,
- accountants,
- pharmacists,
- financial planners,
- morticians,
- clergy,
- real estate agents,
- and others.
Naturally, these people are not perfect and sometimes mistakes happen. Not every mistake harms a patient or client, or warrants a lawsuit. However, if the malpractice is serious enough to cause harm, and if it wouldn’t have occurred if the professional had been using reasonable care, the professional can be held liable for malpractice.
Some examples of professional malpractice could include a doctor amputating the wrong limb, a financial planner stealing money from his clients, a pharmacist giving a patient the wrong medication, a mortician performing a cremation instead of a burial, a psychologist sexually abusing a vulnerable patient, or a real estate agent failing to disclose a major defect in a home. The malpractice could the result of poor training, a careless mistake, or it could even be intentional.
Professional malpractice cases can often be difficult to prove. Not only must the plaintiff show that the professional committed malpractice, which can often be difficult in highly technical cases, but the plaintiff also must show that he or she was harmed as a result of the malpractice. Unfortunately, in some cases the professional does not have any assets or any malpractice insurance, in which case a lawsuit may be pointless if a financial recovery is sought. A professional malpractice attorney can help guide you on whether or not a lawsuit could help you accomplish your goals.
If you believe you were harmed by a licensed professional, it’s important to contact an attorney with the knowledge and experience to pursue your professional malpractice case. You only have a limited time in which to pursue a professional malpractice case, so contact us now.
Medical Malpractice
When you or a family member are ill, injured, or need medical assistance, you are dependent on your doctors, nurses, therapists, hospitals, and the medical community to help you. The vast majority of these healers live up to your trust. Sadly, some do not, and then you are left to live with the consequences of what they did to you or how they failed to protect you. When these individuals leave you injured you need to have the best representation possible, working tirelessly to get you the compensation you deserve.
According to recent studies, as many as 98,000 or more Americans die each year from preventable medical errors made by hospitals, doctors and other medical professionals (Institute of Medicine; To Err is Human; Building a Safer Health System, 2000). Far more Americans die each year from medical errors than from car accidents (43,458), breast cancer (42,297), or AIDS (16,516).
Everyone makes mistakes but when a doctor or nurse makes a mistake, the results can be devastating. Our firm has seen terrible and irreversible results from the most minor of health care decisions or medical procedures, consequences that may or may not be immediately known. You don’t always know there’s been a medical mistake at the time that it happens.
Medical malpractice, which is sometimes referred to as medical negligence, is a legal term used to define substandard care by a health care provider. If you have been a victim of medical malpractice, you may be entitled to financial compensation. In South Carolina, medical errors legally become medical negligence, or malpractice, when the error falls below the “accepted standard of care” in the community where the doctor, or medical provider is located. Medical negligence cases, or malpractice, allow money damages for pain and suffering, medical expenses, and other types of compensation.
Medical malpractice takes many forms, including:
- a failure to diagnose or the misdiagnosis of an illness,
- performing unnecessary surgery,
- even premature discharge from a hospital visit.
Whether the violation is the result of errors in diagnosis, treatment, aftercare or health management, the medical professionals must be held accountable for their actions when dealing with those entrusted to their care. When there is an unfortunate result, it is important to know if medical malpractice is involved. If it is, you and your loved ones may have a legal claim for justice under South Carolina malpractice laws. For some families, it is very clear that an error in health care has taken place, or that a routine procedure has turned into a fatal injury. Some malpractice mistakes are obvious to everyone. But medical malpractice is not always obvious to the average person. For example, an illness or injury may appear sometime after childbirth or surgery but no one in the family suspects a connection between the two. Medical malpractice can be as tough to litigate as it is to recognize. Since medicine still has elements of trial and error, poor outcomes from recommended procedures, are not in of themselves cause for malpractice. In addition, minor injury or damages that are a result of a botched medical procedure may not be worth litigating, as the cost to prosecute a medical malpractice case can be quite significant.
To be considered medical malpractice, the claims against a physician or healthcare provider must meet certain criteria, and any claims should be evaluated by an experienced attorney before any accusations are made. We have the experience and appropriate medical experts who can conduct a thorough analysis of your potential case. Together, we can determine whether or not there is medical malpractice. Filing a lawsuit can never bring back a loved one who has died because of someone else’s negligence or wrongdoing. It can serve to hold responsible parties accountable and relieve financial hardships for those who are left behind. Call us today so we can get started.
843-577-0027
Attorneys, paralegals and other legal professionals have a duty to act with integrity and care on behalf of their clients. If your lawyer mishandled your case through negligence or inaction, or worse – engaged in deliberate misconduct, you don’t have to take it lying down. You have options. We have experience representing clients for legal malpractice claims and will ensure that you receive the best possible result. Attorney Malpractice Claims in South Carolina Professional malpractice involves the breach of a standard of care required by the profession. For attorneys, this may mean a failure to represent you properly — missing a court deadline, or failing to conduct proper discovery to prepare your case effectively. Whether this is due to inadvertence or lack of skill, it's not an excuse for attorney malpractice. We are here to help. The ten most common Legal Malpractice Errors According to the American Bar Association are:
- Failure to Know and Apply Law
- Planning Error, Making Substantive Mistakes
- Inadequate Discovery and Investigation
- Failure to File Documents within Deadlines
- Not Appearing in Court When Required
- Collecting Fees Up Front and Not Performing Work
- Procrastination
- Failure to Obtain Client Consent
- Conflict of Interest
- Fraud
- Misusing Client Funds
- Breach of Duty or Confidentiality
Proving a case against an attorney or law firm can be difficult. We have the knowledge and resources to fully investigate the relevant issues and prepare evidence to support your case. Call us today to schedule a free consultation.